Facing an Inquiry After Resignation Due to Surgery: How Should I Respond?

I am working as Head HR in an organization. Unfortunately, I had to undergo orthopedic implant surgery, and doctors advised me to take three months of rest. Practically, it became difficult for me to work. I emailed my management about my problem along with my resignation and assurance to hand over my responsibilities once I am able to walk. However, they did not accept my resignation. Instead, they emailed me stating that they want to conduct an inquiry against me for an incident that occurred one year ago where my involvement was minimal. What should I do?

Conducting a Time-Bound Inquiry

Let them conduct an inquiry, but instruct them to do it in a time-bound manner. Document the fact that the inquiry was ordered only upon your resignation. As Head of HR, you must already be aware of the old issue. Collect and collate all papers related to it.

Inform the company of your willingness to cooperate with a time-bound inquiry and also that, due to medical requirements, it needs to be completed in one place. Repeated delays and calls for attending the inquiry should be avoided. If they still create problems for relief, consult advocates who deal with HR matters.

Exit Policy Considerations

What is the exit policy of your organization? Perhaps due to medical needs, the exit may not comply with the notice period, etc. Keep your medical documents ready.

Inquiry Procedures and Employee Rights

No internal, departmental, or managerial inquiry will be valid, lawful, and according to the universal principles of natural justice unless you are duly informed in writing of the "allegation" being leveled against you or to be inquired into. Hence, please request or write back to your employer or appointing and punishing authority to inform you specifically of 1) the date, 2) the time, 3) the place, and the "acts of alleged misconduct" against you. As a law-abiding employee or individual, please submit your written explanation to the "allegations" in your defense and thereafter participate in inquiry proceedings whenever commenced, conducted, and concluded.

Once the inquiry report with conclusive and definite findings is arrived at by the inquiry officer or committee, the punishing authority is law-bound in India to give you an opportunity to "represent" against the findings and the proposed punishment.

Regards, Harsh K Sharan, Kritrth Team, 7.5.20